COLORADO COURT OF APPEALS

2 East 14
th
Ave., Denver, Colorado 80203
COURT USE ONLY
Appeal from District Court, Boulder County,
Colorado, Case No. 14CV30833, Hon. Andrew
Hartman
PLAINTIFF/APPELLANT: STATE OF
COLORADO,

v.

DEFENDANT/APPELLEES: HILLARY HALL,
in her official capacity as Boulder County Clerk
and Recorder, and
JOHN W. SUTHERS, Attorney General
DANIEL D. DOMENICO, Solicitor General*
MICHAEL FRANCISCO, Asst Solicitor General*
LEEANN MORRILL, First Asst Attorney General*
Colorado Department of Law
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203
Telephone: (720) 508-6551
Email: dan.domenico@state.co.us; michael.francisco@
state.co.us;
leeann.morrill@state.co.us
*Counsel of Record
Registration Numbers: 32038, 39111, 38742


Case
Number:____________




STATE OF COLORADOS NOTICE OF APPEAL


DATE FILED: July 21, 2014 10:26 AM
FILING ID: 5138996BA8D6D
CASE NUMBER: 2014CA1368
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APPELLANT, the State of Colorado (State), submits the
following Notice of Appeal.
1. BRIEF DESCRIPTION OF THE NATURE OF THE CASE
A. General Statement of the Nature of the Controversy.
Article II, section 31 of the Colorado Constitution provides, Only
a union of one man and one woman shall be valid or recognized as a
marriage in this state. Likewise, section 14-2-104(1)(b), C.R.S. provides
that marriage is valid only if it is between one man and one woman.
(collectively, State Marriage Laws). Following the announcement of
the U.S. Tenth Circuit Court of Appeals decision in Kitchen v. Herbert,
No. 13-4178 (10th Cir. June 25, 2014), striking down Utahs ban on
same-sex marriage, Defendant Hillary Hall, in her official capacity as
the Boulder County Clerk and Recorder (Boulder Clerk) began issuing
same-sex marriage licenses in violation of the State Marriage Laws.
The State filed a Verified Complaint and Motion for Temporary
Restraining Order and Preliminary Injunction against the Boulder
Clerk, seeking to stop the illegal marriage licenses from issuing. On
3

July 10, 2014, the Boulder County district court denied the States
request (July 10 Order). The State appeals under C.A.R. 1(a)(3).
B. Judgment Being Appealed and Basis for Jurisdiction.
The State appeals from the July 10 Order. A copy of the July 10
Order is attached hereto as Appendix A. This Court has jurisdiction
under C.A.R. 1(a)(3), because the July 10 Order denied the States
request for a temporary injunction.
C. Statement Whether the Judgment Resolved All Issues

The July 10 Order resolved the Plaintiff-Appellants claim for a
preliminary injunction and hence is an appealable denial of a
temporary injunction. C.A.R. 1(a)(3). The Verified Complaint contains
additional claims.
D. Statement Whether the Judgment Was Made Final
Pursuant to C.R.C.P. 54(b).

The Order was a denial of a temporary injunction and thus
C.R.C.P. 54(b) is not applicable.
E. Date Judgment Was Entered and Mailing Date of
Order.

4

The Order on Appeal is dated July 10, 2014. Copies of the Order
were provided to counsel on the same day.
F. Extensions of Time for Motions for Post-Trial Relief.
None.
G. Date of Any Motion for Post-Trial Relief.
None.
H. Date Any Motion for Post-Trial Relief Was Denied or
Deemed Denied.

None.
I. Any Extensions of Time to File Notice of Appeal.
None.
2. ADVISORY LIST OF ISSUES ON APPEAL
Whether the district court erred by failing to grant a temporary
restraining order and preliminary injunction barring the Boulder
Clerk from issuing same-sex marriage licenses in violation of the
State Marriage Laws while their constitutionality continues to be
litigated in other forums.
3. TRANSCRIPT
5

A transcript of the evidentiary hearing held before the Boulder
County district court on July 9, 2014, will be ordered. Because it may be
necessary to resolve the issues raised on appeal the State requests it be
included in the record on appeal. The length of the transcript is
unknown at this time, however the evidentiary hearing lasted less than
half a day.
4. PREARGUMENT CONFERENCE
The State does not request a preargument conference.
5. COUNSEL FOR THE PARTIES
Appellant/Plaintiff State of Colorado:
Daniel D. Domenico, Reg. No. 32038
Solicitor General
Michael Francisco, Reg. No. 39111
Assistant Solicitor General
LeeAnn Morrill, Reg. No. 38742
First Assistant Attorney General
Colorado Department of Law
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 8th Floor
Denver, Colorado 80203
Telephone: (720) 508-6000 (Main)/
6559 (Domenico)/6551 (Francisco)/
6159 (Morrill)
Fax: (720) 508-6030


6

Defendant/Appellee Hillary Hall:

David E. Hughes, Reg. No. 24425
Deputy County Attorney
BOULDER COUNTY ATTORNEY
P.O. Box 471
Boulder, Colorado 80306
Telephone: (303) 441-3190
Fax: (303) 441-4794

APPENDIX

The July 10 Order is attached as Appendix A to this Notice of
Appeal.
STATEMENT REGARDING COST BOND UNDER C.A.R. 7
No cost bond under C.A.R. 7 is required because the Appellant is
the State. See C.A.R. 39(b) (costs not awardable against the state or
agency thereof unless otherwise authorized by law).
Respectfully submitted this 211st day of July, 2014.


JOHN W. SUTHERS
Attorney General


s/ Michael Francisco
MICHAEL FRANCISCO*
Assistant Solicitor General
Attorneys for Plaintiff/Appellant
*Counsel of Record
7

APPENDIX

A. July 10, 2014 Order
8

CERTIFICATE OF SERVICE

This is to certify that I have duly served the foregoing STATE OF
COLORADOS NOTICE OF APPEAL upon the following parties or
their counsel electronically via ICCES, or via electronic mail, at Denver,
Colorado this 21st day of July, 2014, addressed as follows:

David E. Hughes
BOULDER COUNTY ATTORNEYS OFFICE
P.O. Box 471
Boulder, Colorado 80306



s/Michael Francisco